Chapter 15. The Protection of the Collective Interests as a Tool to Challenge the Outer Limits of the Continental Shelf

Resum

Abstract: The extension of the continental shelf beyond 200 nautical miles not complying with the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) may result in a dispute. Third States might complain about the illegitimate appropriation of a portion of the international seabed area which narrows the spatial scope of a common area. UNCLOS does not foresee a judicial review mechanism for the recommendationsfrom the Commission on the Limits of the Continental Shelf (CLCS). The same problem applies to exaggerated delineations disregarding the procedural requirements of Article 76. This brings into question whether a hypothetical competent jurisdictional body may deal with a dispute settlement mechanism open to third States legal action in order to protect collective interests.